Chapter 11 Flashcards

1
Q

rule of law

A

means that we are governed by a fixed set of laws that apply to all people in scoiety

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2
Q

magna carta

A
  • signed in1215
  • symbol of the rule of law
  • guarntees many rights for British citizens (ex trial by jury, habeus corpus)
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3
Q

habeus corpus

A

the right to be brought before a court soon after arrest and released if the judge finds there is no legal charge

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4
Q

what is the supreme law of Canada

A

the constitution of Canada

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5
Q

constitution of Canada

A
  • has charter of rights and freedoms
    (this takes precedence over any government passed laws, protects fundemntal freedoms, gaurntees democracy, also includes the limit of all these rights)
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6
Q

civil law

A

Deals with relationships between individuals or groups

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7
Q

criminal law

A

deals with matters that affect society as a whole

- considered to be comitted against the state

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8
Q

plaintiff

A

person who claims to have suffered harm, loss or injury to self or property
(civil law)

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9
Q

defendant

A

person being sued (civil law)

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10
Q

what criminal cases carried out in the name of of?

A

The Crown (identified as R or Regina ( the latin word for queen))

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11
Q

why are criminal cases carried out in the name of the Crown

A

because breaking a criminal law is considered to be a wrong against Canadian society

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12
Q

common law

A

based on the decisions of judges in the British royal courts

system of rules based on past decisions made

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13
Q

statuary law

A
  • set out in acts of Parliment
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14
Q

what is quebec’s law based on

A

Roman law (has all laws in a book)

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15
Q

what has been reduced since the intrdocuction of the Charter

A

powers of police to arrest and question suspects, sieze evidence, conduct searches

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16
Q

who is responsible for the administration of justice in Canada

A

the provinces

17
Q

more serious cases

A

indictable offences

- handled by the Provinical supreme court

18
Q

less serious cases

A

summary offences

-handled by lower courts

19
Q

In the lower courts are generally heard by who

A

judge or justice of the peace

20
Q

In the Supreme court are generally heard by who

A

judge or judge and jury

21
Q

jury

A

a group of adult citizens called at random from the community
- moral and legal duty to serve on a jury

22
Q

probation

A
  • set period of time offender must follow conditons determined by court and report to a probation officer
23
Q

rehabiliation

A

the belief that inmates can be brought back into society as useful citizens

24
Q

incarceration

A

imprisonment

canada has a high rate compared to Western World

25
Q

restorative justice

A
  • alternative to incareration
  • for first time offenders/ less serious crimes
  • tries to repair damage done
26
Q

disposition

A
  • a sentence in youth court

- varys from jail term to fine to community service

27
Q

Youth Court Dispositions

A
  • Absolute discharge
    Conditional discharge
    Fine of up to $1000
    Payment costs of the crime of up to 240 hrs of community service
    Open or secure custody for up to 5 yrs
    Report to a probation officer regulary (up to 2 yrs)
28
Q

Who appoints judges of the Provincial court

A

The provincial cabinet on recommendation of the attorney general

29
Q

Who appoints judges of the Supreme court of BC/court of appeal

A

Federal cabinet recommendation of the monster of justice

30
Q

Who appoints judges of the Supreme court of Canada

A

GG on recomendation of the PM